Brett Kavanaugh and the new normal for due process

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I didn’t want to post a blog on this topic until after the Senate voted, as it is very fluid and not all the facts have come out, but I find I can no longer contain myself. The absurdity has been overwhelming. This is one of those times where I wonder whether I am living in the US, where the constitution says one is innocent until proven guilty in a court of law, or under the thumb of some totalitarian regime where those in power decide guilt or innocence by fiat.

Folks, so far, what we have here is a classic “he said, she said.” The facts have not been proven one way or the other. In fact, as some pundits such as the “esteemed” senators from Hawaii and NY may have forgotten, the constitution places the burden of proof on the accuser, not the accused. Hawaii Senator Mazie Hirono has stated publicly, on several occasions, that in situations of alleged sexual assault women are to be believed and men are not simply because of their respective genders. The level of idiocy and irresponsibility of this statement from an elected official simply boggles my mind.

How can any fair-minded person not conclude that this whole farce is politically motivated. I don’t want to try this case in social media, but what is happening is surreal. Just consider:

1. Dr. Ford claims Kavanaugh assaulted her some 35 years ago at a party while both were in high school. She is murky on most details, such as the exact date, the exact location, and who else may have been in the room. If we knew the exact date, perhaps he could prove he was sick, visiting grandma, or on a family vacation. Nevertheless, she is ”sure” that Kavanaugh was her attacker. She did not tell anyone at the time, including her best friend, nor report the incident to the authorities until now.

2. Kavanaugh denies he did it, and his friend who was supposedly in the room also does not recall the incident. The Senate Judiciary committee has been trying to arrange a hearing with Ford to assess the veracity of her accusations. It has not been easy as her attorneys have demanded several conditions, some of which are reasonable and some of which are not. As I write this, the hearing is scheduled for Thursday. We’ll see if it comes to pass and, if so, what it reveals.

3. Over the weekend, a second woman suddenly “remembered” she was sexually assaulted by Kavanaugh while both were students at Yale. Her account is also uncorroborated and vague on the details, yet, the “New Yorker” saw fit to publish it anyway. Kavanaugh categorically denied this accusation as well.

4. Our favorite porn lawyer, Michael Avenatti, not wanting to be left out, claims he has a client who was “gang raped” at a party in which Kavanaugh was present. This account is also uncorroborated, and given Avenatti’s track record its veracity is highly doubtful.

Dems expect Kavanaugh to prove he didn’t do something without knowing precisely when or where it actually occurred. Someone should tell them that that is not how our system of jurisprudence works. The burden of proof is on the accuser, not the accused.

The shame of it is that Ford wanted to remain anonymous. But, when her anonymous accusations were not effective she was “outed.” Who did it? We don’t know. Likely, it was either Senator Feinstein, someone on her staff or another Dem senator with access to the information. No matter. Clearly, it was a political ploy to stop, or at least delay, Kavanaugh’s nomination.

If you doubt this is all politically motivated, why haven’t the same defenders of women’s rights been screaming for an investigation of Keith Ellison? A woman has accused him of rape just last year. Yet, he is running for Minnesota attorney general. Oh, but he’s a Democrat, and Kavanaugh is a Republican who was nominated by the despised Donald Trump. I get it.

Incidentally, does anyone else see the irony of us now taking morality lessons from:

1, Hillary Clinton, who has, in the past, denigrated, insulted, and belittled women who had the temerity to accuse her husband of sexual misconduct, rape, sexual assault and harassment.

2. “Handsy” Joe Biden, who is renown for his overly friendly “hands-on” approach to women. It will be interesting to see how the mainstream media investigates and reports on him if, as I expect, he declares his candidacy for president.

3. Democrats, in general, who defended and supported Ted Kennedy who actually killed a woman with whom he may or may not have been having a extramarital affair.

Yes, the irony is delicious.

The Dems keep moving the goal posts. First, they wanted the FBI to investigate. Investigate what? Ford has refused to talk on the record. Plus, Kavanaugh, as a sitting federal judge, has already been investigated by the FBI some six times. Then, they wanted the committee to let Ford testify. When the committee acquiesced they said oh, it must be in private. Then, oh, she doesn’t want to fly to DC. Then she doesn’t want Kavanaugh present. As everyone knows, the constitution, that pesky document, guarantees the accused the right to face his or her accuser. (As anyone who has watched “Law and Order” knows, this right extends to those accused of the most heinous crimes, including sex crimes.)

Besides, she doesn’t have to fly to DC. Has anyone ever heard of video conferencing?

CONCLUSION

I hate to say it, but, to me, this process is reminiscent of the Salem witch trials of the late 17th century or the McCarthy hearings of the 1950s. If you don’t know what I mean, perhaps you should, as Casey Stengel was fond of saying, look it up.

I predict that this sham will be exposed for the desperate politically motivated ploy that it is. People, Kavanaugh has no intention of personally overturning Roe, which after 40+ years on the books is well-settled law. Kavanaugh has demonstrated he is emanantly qualified, and hopefully, he will be confirmed and soon.

One final point. If you think Kavanaugh is guilty just because he was accused and before he has been convicted in a court of law, consider how you would feel if someone accused you or your husband, your son, or your brother of something 35 years ago in high school or even in grade school.

About the Author

Larry was born and raised in New York. He is 73 years old. He has a Bachelors Degree in Accounting and a Masters Degree in Marketing Management, and worked in the financial industry for 42 years in accounting and Compliance. Larry is also a veteran, whose hobbies are reading and golf. He has been writing a blog for three years, which is being read by people in 90 countries.